If the home is actually part of the estate, then a person would need to actually qualify at the Clerk's office as the executor to have the authority to act on behalf of the estate. (If the real estate passes under the will, then at the time of death the real property passes to the...Read more »
Although it may come as a surprise to some the law recognizes ongoing duties in a civilized society that follows from an effortless two minute engagement - child support, and and no there is no prize of reckless abandonment free from that responsibilities to one who might engage in more...Read more »
If the truck improperly left its lane of traffic striking another vehicle, then the driver of the vehicle will be "at fault" or negligent. The violation of a "no truck" zone will not be a factor in determining whose at fault unless the violation was causally related to the damage. If the driver...Read more »
I was never given notice (except by my landlord that she had received a letter). I came home to a corrections officer and local inmates removing my property from the back yard. They had already removed everything from the front (kids toys, wagon etc) to a trash pile at the street. I have read the... Read more »
The law is clear under both the Virginia and US Constitution that that no person shall be deprived of his life, liberty, or property without due process of law. (See Article 1, Section 11 of the Virginia Constitution). Due process requires prior notice and an opportunity to be heard....Read more »
My lease recently ended at my old home so i had to move in with a family member for a while. I had 2 dogs and could only take one to my families home. So my friend offered to keep her till i can have her again. Well its been almost a month and i went to get her back but now they hid her at another... Read more »
Unlike failure to return leased property which by statute is a crime (See § 18.2-118. Fraudulent conversion or removal of leased personal property), failing to return personal property (your dog) is a civil matter rather than a criminal matter. A detinue action in the general district court is...Read more »
Anytime the parents of children can work things out without the court, the children are generally better off. However, a parent may file a petition with the court for child support. Generally speaking the court will award child support in accordance with the statutory guidelines. In the case...Read more »
A parent seeking to modify a prior court order must show (1) a material change of circumstances justifying the court modifying a prior order and (2) reasons to change the custody. The custody determination is made based upon factors set out by statute, determined by the "best interests of the...Read more »
I moved into a home of a friend but never had a lease. I lived there for 2 years. Finally after multiple times of not having water, of mold and mildew growth, of unfixed safety hazards, stalking by the friend, threats, sexual harassment, I moved out with consent of the landlord. now after a Month... Read more »
Yes. The landlord is entitled to the agreed rent amount and if none then to the reasonable value of the rent to prevent an unjust enrichment to you, together with the amount of any damages caused by you. However, you may be able to offset that by the claims you may have against the landlord....Read more »
My employer requested a picture of my ID and social security card but I never signed or filled out any paperwork. We were on 1099 but I thought there should still be paperwork of some sort? Also I have no idea what my ID and social card were used for.
All U.S. employers are required to examine and verify the eligibility of each employee to be lawfully employed in the United States, regardless of the immigration status of the employee. Failing to comply with Form I-9 requirements may result in fines with a minimum of $110 for each form and a...Read more »
The landowner's house (&12 acres) is next to this 50 foot access strip that she also uses for her drive. She does not want us grading and graveling the driveway which would be done well past her turn off drive to her home.
Therefore, the current drive we use is turning to dirt and potholes... Read more »
To have a claim of right to this drive, you would have to show by clear and convincing evidence that for 20 years the road was used under a claim of right adverse to the woman and her predecessors in interest. Since she purchased in 1986, its possible that by directing that nobody grade or grave...Read more »
Yes the deposit check is cashed and the money from that check is held in escrow until closing. If the closing agent merely held the deposit check, all but the drafter of the check would be unhappy if the check was then deposited and bounced at closing.
There are two methods of obtaining emancipation without a parents consent by statute: get married or join the military. Neither of these methods is wise if the sole reason is to simply get out of the house!
§ 16.1-333. Findings necessary to order that minor is emancipated
18, but then you won't be in either parent's custody. If parents cannot agree on custody where marital discord has resulted in a broken home, either parent can petition the court to determine the custody and visitation of the child. The court may consider the desire of the child in making its...Read more »
You question refers to an "unhealthy relationship" rather than a marriage. Assuming that it is not a marriage where divorce and equitable distribution is available, you should try to work something out with the 50% owner. However, if you can't work it out, you may petition the court to sell the...Read more »
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